Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-109Temp. Reso. # 8175 March 13, 1998 Revision #1, April 14, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-) 0 51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS GRANT OF $9,000 AND AUTHORIZING A MATCH FROM THE CITY IN THE AMOUNT OF $9,000, FOR A TOTAL PROJECT COST OF $18,000 FOR EMERGENCY REPEATERS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS FOR THE DIVISION OF EMERGENCY MANAGEMENT GRANT FUNDS; APPROVING AN INTERFUND TRANSFER FROM THE GENERAL FUND TO THE GRANTS FUND IN THE AMOUNT OF $9,000; AMENDING THE ANNUAL GRANTS FUND BUDGET OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $18,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to ensure communications in the post disaster response and recovery phases by purchasing three emergency repeaters; and WHEREAS, the City Commission of the City of Tamarac understands the need for backup equipment in the event of the disaster disabling the primary communication equipment; and 1 Temp. Reso. # 8175 March 13, 1998 Revision #1, April 14, 1998 Page 2 WHEREAS, the application submitted to the State of Florida, Department of Community Affairs for an emergency management grant in the amount of $9,000 on October 14, 1997 (Resolution No. R-97-215), has been approved; and WHEREAS, the acceptance of these funds requires the amending of estimated revenues and expenditures fund within the Grants Fund budget; and WHEREAS, available funds exist in the General Fund budget for said purpose; and WHEREAS, it is the recommendation of the Fire Chief and Assistant City Manager/Director of Finance that the grant from the State of Florida, Department of Community Affairs be accepted, and the match of $9,000 from the City be approved; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept the State of Florida, Department of Community Affairs grant in the amount of $9,000 and approve the City match in the amount of $9,000 for emergency radio repeaters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Temp. Reso. # 8175 March 13, 1998 Revision #1, April 14, 1998 Page 3 SECTION 2: The City of Tamarac will match $9,000 to the grant for a total project cost of $18,000 that will fund the purchase of three emergency radio repeaters as described in the grant agreement Exhibit A, Attachment A. SECTION 3: An interfund budget transfer in the amount of $9,000 from General Fund account entitled, "Grants — Matching Funds" to Grants Fund account entitled, "Machinery and Equipment" is HEREBY APPROVED for correct accounting standards. SECTION 4: The City Commission authorizes the appropriate City Official to amend the Grants Fund budget in the amount of $18,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 5: The City Manager or his designee is hereby authorized to execute the Agreement between The state of Florida, Department of Community Affairs and the City of Tamarac for the Division of Emergency Management Grant Funds (attached hereto as Exhibit A). SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 Temp. Reso. # 8175 March 13, 1998 Revision #1, April 14, 1998 Page 4 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this g�• day of424-,1998. ATTEST: CAROL GOD CMC/AAE CITY CLERK I HEAEBY CERTIFY that I have Ap r veo this RESOLUTION as to RECORD OF COMM MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 0 EXHIBIT "A" Agreement Number: 98CP-05-11-16-02-227 GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Tamarac, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Florida Administrative Code to disburse funds for emergency management grants to eligible recipients; and WHEREAS, the Recipient has been awarded funds under the above -referenced authorities after -completion of the competitive awards process; and IsWHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement. E NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: 1. SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work included as Attachment A of this Agreement. Funding up to $9,000 shall be provided on a reimbursement basis, in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attachment A. For any advance payment, refer to Attachment F for additional terms and conditions. All terms and conditions set forth in Attachment F are incorporated as if set out fully herein. II. INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement. 11 0 III. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end March 31, 1999, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received after May 15, 1999, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MODIFICATION OF AGREEMENT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. V. MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and shall be reported in accordance with the reporting requirements of Attachment D. - VI. LIABILITY A. Except as otherwise provided in subparagraph (B) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. B. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida. Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 2 0 VII. NONCOMPLIANCE. REMEDIES. AND TERMINATION A. If the Recipient fails to comply with any term applicable to an award under Rule Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more of the following actions, as indicated by the attendant circumstances: temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. B. Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if: the costs result from obligations which were properly incurred by the Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and 2. the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. C. Recipient of terminated grants shall remain obligated to provide all required closeout information. D. In the event that any audit determines that costs reimbursed or otherwise funded under this rule chapter should be disallowed, then the Recipient shall return those disallowed funds to the Department. In the alternative, the Department may offset the disallowed amount against any current or future awards to the Recipient. 0 E. Actions taken for noncompliance constitute final Department action under Chapter 120, Florida Statutes, as amended. Notification of such actions shall . include notice of administrative hearing rights and time frames. F. The Recipient shall return funds to the Department if found in non-compliance with laws, rules, and regulations governing the use of the funds or this Agreement. G. This Agreement may be terminated by the written mutual consent of the parties. VIII. NOTICE AND CONTACT All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. A. The Department designates Joseph F. Myers, Director, Division of Emergency Management, or his designee, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs • Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 B. For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: Paul Forsberg _ Tamarac Fire Rescue Department 7501 North Westvenue Tamarac:., Florida 21 C. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph VIII. A and B above. IX. OTHER PROVISIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the 4 Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by re-ference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any- applicable statute or rule, or is T otherwise unenforceable, then such provision shall be deemed null and void to -the extent of such conflict or unenforceability, and shall be deemed severable, but shall not invalidate any other provision of thisAgreement. C. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. D. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. X. AUDIT REQUIREMENTS A. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or w audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the Auditor General, for the purposes of auditing and monitoring the hinds awarded under this Agreement. The funding for this Agreement was received by the Department as a grant-in-aid appropriation. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring Department and Agreement number. 3. The complete financial audit report, including all items specified in Paragraph X. D. 1. and 2. above, shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100 E. In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. F. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. G. The Recipient shall have all audits completed by an Independent Certified Public Accountant (ICPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The ICPA shall state that the audit complied with the applicable provisions noted above. H. The audit is due seven months after the expiration of the Agreement. 0 XI. SUBCONTRACTS AND PROCUREMENT A. If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. B. The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. XII. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. XIII. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. XIV. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. C. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 7 D. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. E. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. F. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. G. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. XV. STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 0 XVII. EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall make this equipment available to the Local Emergency Management Agency established pursuant to Section 252.38, Florida Statutes, and to the - State of Florida, upon request, in the event said equipment is needed for emergency management purposes Recipient shall not sell, lease, rent, lent, -encumber or disposgof said equipment without the written permission of the Department. XVIII. COPYRIGHT. PATENT AND TRADEMARK A. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. B. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph B., have the right to all patents and copyrights which occur during performance of the Agreement. Recipient shall be granted a royalty -free nonexclusive license to use patented or copyrighted material for research or educational purposes. C� XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Management." If the project is referenced in written material, the words "State of Florida, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed - by their undersigned officials as duly authorized. RECIPIENT: CITY OF TAMARAC BY: n,.-. XName and Title: Robert s . Noe Jr. City Manager Date: April 22. 1998 Federal Employer T.D. 5 9 -10 3 9 5 5 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Name and Title: Joseph F. Myers. Director Date: C� 10 Attachment A SCOPE OF WORK The information and representations contained in the grant application submitted to the Department and evaluated pursuant to Rule Chapter 9G-19, Florida Administrative Code, is hereby incorporated by reference into this Agreement. Within thirty days of the date of execution of this Agreement, Recipient shall supply a document which includes an activities timeline, a list of deliverables, and a revised budget, for the approval of the Department. This document shall address, with particularity and appropriate discussion, each task necessary to complete the project identified in Recipient's application for grant funding. The revised budget portion of this document shall be consistent in format with the budget proposed in the original project application. It shall not consist of new line item expenditures, but shall indicate whether the cost of the line items detailed in the original budget have increased or decreased from the original information. Any proposed deviations from the original budget may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure categories affected. The total amount of grant money budgeted may not exceed the amount authorized in the Agreement. Failure to supply the above -referenced document, or disapproval of this document by the Department, shall result in the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it shall notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department ,may approve the use of the unexpended funds. The Recipient shall complete the following tasks in the development process for the Emergency Portable Radio Repeaters project. 1. Prepare specifications for the purchase of all hardware, equipment, software and support material of the project. Insure that the specifications comply with the purchasing requirements of the City, County and State, including bidding, if required, or purchase from pre-existing contracts. 2. Insure that the purchase of equipment and other components are in full compliance with all applicable rules and regulations. 11 • 3. Insure that proper FCC licensing, frequency coordination and Florida Division of Communication approval is obtained before the purchase of the radios or installation of the antennas. 4. Install the hardware, software and other components in accordance with the specifications of the manufacturer. Provide sufficient surge and lightning protection devices on all electrical or electronic equipment purchased. 5. Follow the manufacturers requirements for warranty registrations, back-up files, multiple use of software and operating requirements of the equipment and software. d. Thoroughly test all components at time of purchase and installation to insure their capability of meeting the objectives of this project. 7. Provide thorough training to all staff members who will be routinely involved in the operation of the equipment and software purchased or installed as well as training to staff members or outside personnel who may be involved in the operation of the equipment during emergency situations. 8. Establish and follow written procedures, including checklists and logs, for the periodic testing and exercising of the equipment purchased, including the testing, charging and replacement as necessary, of the batteries required. 9. Conduct one complete evaluated emergency exercise and drill using the equipment purchased or installed in the manner described in the grant application. The exercise scenario shall be designed to provide a representative worst case example of a severe weather incident and one that involves all aspects of the government and emergency response and recovery capabilities of the City of Tamarac. 10. Retain the original copies all instruction books, software disks, installation and maintenance records and other applicable documentation. 11. Provide a $9,000, or 50% of the total project cost, cash match to this project. (The bottom portion of this page intentionally left blank.) 0 Wd Attachment B PROGRAM STATUTES AND REGULATIONS 1. Chapter 252, Florida Statutes 2. Rule Chapter 9G-19, Florida Administrative Code 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida -Administrative Code (The bottom portion of this page intentionally left blank.) • 0 13 Attachment C RECORD KEEPING A. All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. - B. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, and all other applicable laws and regulations. C. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (The bottom portion of this page intentionally left blank.) 14 Attachment D REPORTS A. At a minimum, the Recipient shall provide the Department with quarterly Financial Report/Reimbursement Requests, quarterly Summary Project Progress Reports and final Close-out Reports. The Recipient shall utilize the report formats provided by the Department. B. Quarterly reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter and the report due dates are as follows: Quarter Ending Date Reports Due 1 June 30, 1998 July 15, 1998 2 September 30, 1998 October 15, 1998 3 December 31, 1998 January 15, 1999 4 March 31, 1999 April 15, 1999 C. The final close-out report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement. D. If all required reports and copies prescribed above are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX. The Department may take action for non-compliance consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. E. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. F. The Department shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. 0 15 • Attachment E PROCUREMENT. SUBCONTRACTS AND SUBGRANTS A. Subcontracts entered into by a Recipient in connection with any portion of the proposed project shall contain all terms of the Recipient's Agreement with the Department. B. The Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Department within 30 days after their effective date. C. Recipient shall not award subgrants using funds awarded pursuant to this rule chapter. D. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. Wherever required by law or otherwise permitted, Recipient shall utilize competitive procurement practices. (The bottom portion of this page intentionally left blank.) 16 • Attachment F FUNDING/CONSIDERATION A. This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $9,000, subject to the availability of funds. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the T Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds. B. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account(s) shall be remitted promptly to the Department, but no later than ninety (90) days after the completion of the Agreement. C. Any advance payment under this Agreemett is subject to s.-216.1$1(14), Florida Statutes. Twenty-five (25) percent of an award may be advanced. Payment of reimbursable expenditures may be requested thereafter, at the end of each quarter. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The Recipient shall mark the appropriate place below indicating whether or not an advance payment is requested, if an advance payment is requested enter the amount of the request. 1. No advance payment is requested; payment will be made solely on a reimbursement basis. 2. An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided.) D. After the initial advance, if any, quarterly payments may be made for all reimbursable expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. 17 • • E. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching fiends. Recipient shall not expend more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct or indirect costs identified shall not exceed five percent (5%) of total project costs. F. Funds disbursed to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, within ninety (90) days of the expiration of the award agreement. G. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. (The bottom portion of this page intentionally left blank.) NoM